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Home My WebLink AboutORD 2947BILL NO. 27 ORDINANCE NO. 2947 AN ORDINANCE DETERMINING THAT CERTAIN LAND LAYS WITHIN THE CITY LIMITS OF THE CITY OF CALDWELL, COUNTY OF CANYON, STATE OF IDAHO, AND THAT SAID LANDS SHOULD BE REZONED TO THE R -S -1 (SEMI -RURAL RESIDENTIAL -1) ZONE; DETERMINING THAT SAID CHANGE IN ZONING IS IN THE BEST INTEREST OF THE CITY OF CALDWELL, CANYON COUNTY, IDAHO; DIRECTING THE CITY ENGINEER AND PLANNING AND ZONING DIRECTOR TO AMEND SAID PROPERTY ON THE OFFICIAL MAPS OF THE CITY OF CALDWELL, IDAHO; AND REPEALING ALL ORDINANCES, RESOLUTIONS, ORDERS OR PARTS THEREOF IN CONFLICT HEREWITH. BE IT ORDAINED, BY THE MAYOR AND CITY COUNCIL OF THE CITY OF CALDWELL, COUNTY OF CANYON, STATE OF IDAHO: Section 1. That the Caldwell City Council, upon recommendation of the Caldwell Hearing Examiner and following the public notice and hearing procedures as required in Section 10- 03 -03, Caldwell Municipal Code, approved Case No. ZON -93 -13 (La Bella Vida Rezone & Preliminary Plat) at a public hearing held, April 7, 2014. Section 2. The parcel is contiguous to the City of Caldwell, Idaho and the applicant has requested that said following described property should be rezoned to RS -1 (Residential Estate) zone: This parcel is situated in the N '/2 NW '/4 of Section 21, the S 1/ SW '/4 and Government Lots 5 and 6 of Section 16 and Boise River accretion land appurtenant thereto, in Township 4 North, Range 2 West, Boise Meridian, City of Caldwell, Canyon County, Idaho, more particularly described as follows: BEGINNING at the SW corner of said S %: SW '/4 of Section 16; thence N.00 022'51 "E., 1323.03 feet along the west boundary of said S'' /1 SW '/. to the SW corner of said Government Lot 5; thence N.00 022'51 "E., 1322.62 feet along the west boundary of said Government Lot 5 to the West 1/4 corner of said Section 16; thence continuing N.00 °22'51 "E., 770.36 feet along said west boundary of Government Lot 5 and the Northerly extension thereof to a point on the mean high water line of the left bank of the Boise River as delineated by Eric Wilson, Idaho Department of Lands in March, 2006; thence along said mean high water line the following courses: N.74 028'35 "E., 372.23 feet; thence N.71 031'10 "E., 138.74 feet; thence N.85 °26'1 1 "E., 128.70 feet; thence S.78 048'03 "E., 142.98 feet; thence S.86 010'32 "E., 189.96 feet; thence S.75 °15'30 "E., 658.44 feet; thence S.34 030'39 "E., 100.48 feet; thence S.23 °28'55 "E., 217.76 feet; thence 5.00 °12'25 "E., 88.62 feet; thence S.07 039'58 "E., 264.62 feet; thence S.27 009'38 "E., 106.27 feet; thence S.6401 1'28"E., 265.98 feet; thence S.50 °23'56 "E., 86.50 feet; thence S.25 035'03 "E., 351.04 feet; thence S.00 °55'25 "E., 48.18 feet; thence 5.46 043'58 "E., 285.07 feet; thence S.28014'1 4"E., 137.79 feet; thence S.49 025'03 "E., 90.90 feet to a point on the east boundary of said Government Lot 6; thence leaving said mean high water line 5.01 °08'14 "W., 412.06 feet along said east boundary to the NE corner of said S' /] SW '% of Section 16; thence S.01 °08'14 "W., 1331.25 feet along the east boundary of said S'' /z SW '/4 to the NE corner of said N % NW Y, of Section 21; thence S.00 027'06 "W., 1309.57 feet along the east boundary of said N '/2 NW '/4 to the SE corner of said N '/� NW '/4, thence N.89 038'36 "W., 2608.40 feet along the south boundary of said N Yz NW Y. to the SW corner of said N '/, NW '/.; thence N.00 °45'25 "E., 1314.19 feet along the west boundary of said N Y2 NW Y4 to the POINT OF BEGINNING. EXCEPTING THEREFROM the following described parcel: This parcel is situated in a portion of the S '/2 SW '/4 and Government Lot 5 of Section 16, Township 4 North, Range 2 West, Boise Meridian, City of Caldwell, Canyon County, Idaho, more particularly described as follows: COMMENCING at the NW corner of said S '/3 SW '/4 of Section 16; thence S.89 °43'12 "E., 817.28 feet along the north boundary of said S'' /i SW Y4 to the POINT OF BEGINNING; thence 5.57 059'03 "E., 100.00 feet; thence N.74 °17'41 "E., 191.00 feet to a point on the north boundary of said S '/ SW ''/4; thence N.00 °37'13 "W., 235.60 feet; thence N.86 °01'18 "W., 181.82 feet to a non - tangent point of curvature; thence southwesterly 264.02 feet along a curve to the right, having a radius of 505.50 feet, a central angle of 29 °55'29 ", and a chord bearing of S.18 °56'27 "W. to the POINT OF BEGINNING. The above described rezone contains 261.95 acres, more or less. Section 3. That the City Engineer and the Planning and Zoning Director of the City of Caldwell, Idaho, are hereby instructed to so designate the same above described property on the official zoning map and other area maps of the City of Caldwell, Idaho as RS -1 (Residential Estate). Section 4. All ordinances, resolutions, orders or parts thereof in conflict herewith are hereby repealed, rescinded and annulled. Section 5. This ordinance shall be in full force and in effect from and after its passage, approval and publication, according to law. PASSED BY THE COUNCIL OF THE CITY OF CALDWELL, IDAHO, this 5`" day of May, 2014. APPROVED BY THE MAYOR OF THE CITY OF CALDWELL, IDAHO, this 51" day of May, 2013. Mayor Garret L. Nancolas ••,..IUUUh,,, CALDµF� %, .1 15 S ",,,, h' C 0 t' •IIIOY fi a'. ATTEST: 11 11111 ORDINANCES OF THE CITY OF CALDWELL NOTICE OF ADOPTION AND SUMMARY OF ORDINANCE NO. 2947 REGARDING ZONE DESIGNATION OF CERTAIN PROPERTY This ordinance provides for the rezone of a parcel of land in the City of Caldwell as RS -1 (Residential Estate). This parcel is situated in the N '/2 NW '% of Section 21, the S' /2 SW '/4 and Government Lots 5 and 6 of Section 16 and Boise River accretion land appurtenant thereto, in Township 4 North, Range 2 West, Boise Meridian, City of Caldwell, Canyon County, Idaho, more particularly described as follows: BEGINNING at the SW corner of said S' /2 SW Y. of Section 16; thence N.00 022'51 "E., 1323.03 feet along the west boundary of said S' /2 SW % to the SW corner of said Government Lot 5; thence N.00 °22'51 "E., 1322.62 feet along the west boundary of said Government Lot 5 to the West' /. corner of said Section 16; thence continuing N.00 °22'51 "E., 770.36 feet along said west boundary of Government Lot 5 and the Northerly extension thereof to a point on the mean high water line of the left bank of the Boise River as delineated by Eric Wilson, Idaho Department of Lands in March, 2006; thence along said mean high water line the following courses: N.74 028'35 "E., 372.23 feet; thence N.71 031'10 "E., 138.74 feet; thence N.85 "26'1 1"E., 128.70 feet; thence S.78 048'03 "E., 142.98 feet; thence S.86 °10'32 "E., 189.96 feet; thence 5.75 °15'30 "E., 658.44 feet; thence S.34 030'39 "E., 100.48 feet; thence S.23 028'55 "E., 217.76 feet; thence S.00 012'25 "E., 88.62 feet; thence S.07 039'58 "E., 264.62 feet; thence 5.27 009'38 "E., 106.27 feet; thence S.6401 1'28"E., 265.98 feet; thence S.50 °23'56 "E., 86.50 feet; thence S.25 035'03 "E., 351.04 feet; thence S.00 055'25 "E., 48.18 feet; thence S.46 °43'58 "E., 285.07 feet; thence S.28014'1 4"E., 137.79 feet; thence S.49 025'03 "E., 90.90 feet to a point on the east boundary of said Government Lot 6; thence leaving said mean high water line 5.01 "08'14"W., 412.06 feet along said east boundary to the NE corner of said S'' /2 SW % of Section 16; thence S.01 008" 4"W., 1331.25 feet along the east boundary of said S '/2 SW '/4 to the NE corner of said N '/2 NW '/4 of Section 21; thence 5.00027'06"W., 1309.57 feet along the east boundary of said N '/2 NW Y. to the SE corner of said N '/2 NW '/,; thence N.89 "38'36"W., 2608.40 feet along the south boundary of said N' /2 NW '% to the SW corner of said N'' /2 NW Y.; thence N.00 °45'25 "E., 1314.19 feet along the west boundary of said N' /2 NW Y. to the POINT OF BEGINNING. EXCEPTING THEREFROM the following described parcel: This parcel is situated in a portion of the S '/2 SW '/4 and Government Lot 5 of Section 16, Township 4 North, Range 2 West, Boise Meridian, City of Caldwell, Canyon County, Idaho, more particularly described as follows: COMMENCING at the NW corner of said S '/2 SW '/4 of Section 16; thence S.89043'11 2"E., 817.28 feet along the north boundary of said S Y2 SW '/4 to the POINT OF BEGINNING; thence S.57 059'03 "E., 100.00 feet; thence N.74 °17'41 "E., 191.00 feet to a point on the north boundary of said S '/2 SW '/,; thence N.00 °37'13"W., 235.60 feet; thence N.86 "01'18"W., 181.82 feet to a non - tangent point of curvature; thence southwesterly 264.02 feet along a curve to the right, having a radius of 505.50 feet, a central angle of 29 055'29 ", and a chord bearing of S.18 °56'27 "W. to the POINT OF BEGINNING. The above described rezone contains 261.95 acres, more or less. The Ordinance includes a provision to amend the official maps of the City by designating the above - described property as RS -1 and providing an effective date, which shall be when published in the Idaho Press Tribune on the 12th day of May 2014. Ordinance No. 2947 was passed by the Council and approved by the Mayor on the 7th day of April 2014. The full text of the Ordinance is available at Caldwell City Hall, 411 Blaine Street, Caldwell, Idaho. The Mayor and City Council approved the foregoing summary for publication pursuant to Idaho Code 50 -901 A on the 5'h day of May 2014. Mayor Garret L. Nancolas ATTEST: City Clerk STATEMENT OF LEGAL ADVISOR I have reviewed the foregoing summary and believe that it provides a true and complete summary of Ordinance No. 2947 and provides adequate notice to the public as to the contents of such ordinance. DATED this 5'h day Mark Hilly, Attorney J J - �' Canyon County Recorder's Office Document Cover Sheet 2014- 016146 RECORDED 05/06/2014 12:08 PM 1111111 00106412201400161460030038 IIII IIN CHRIS YAMAMOTO CANYON COUNTY RECORDER Pgs =3 RECORD2 NO FEE ORDINANCE CALDWELL CITY OF